Content of the land use plan and planning for the sea areas to be reclaimed in Vietnam

Content of the land use plan and planning for the sea areas to be reclaimed in Vietnam (Image from the internet)

On April 16, 2024, the Government of Vietnam issued Decree 42/2024/ND-CP regarding reclamation.

What is land reclamation in Vietnam?

According to Clause 1, Article 3 of Decree 42/2024/ND-CP, land reclamation is defined as the expansion of land areas within the range from the mean low watermark over many years towards the sea, within the maritime boundaries of Vietnam.

Content of the land use plan and planning for the sea areas to be reclaimed in Vietnam

Under Article 4 of Decree 42/2024/ND-CP, the contents of the land use plan and planning for the sea areas to be reclaimed in Vietnam shall include:

- The sea area to be reclaimed must be specifically identified in terms of location, area, boundaries, and coordinates in accordance with legal provisions on surveying and mapping. The identification of the sea area for reclamation included in the land use planning and plans must adhere to the principles outlined in Points a, b, and d of Clause 2, Article 190 of the Land Law 2024.

- The provincial-level People's Committee shall identify and incorporate the sea area to be reclaimed into the land allocation and zonal by functional zones, and land types down to each district-level administrative division in the provincial-level land use plan and planning, district-level annual land use planning and plan.

- In cases where the sea area to be reclaimed is already included in the provincial planning or construction planning or urban planning (except as stipulated in Clause 5, Article 40 of the Land Law 2013), but not yet included in the district-level land use planning, the provincial-level People's Committee shall direct its inclusion in the district-level annual land use planning and plan.

- If the sea area to be reclaimed is not yet included in the provincial planning, the provincial-level People's Committee shall direct the district-level People's Committee to compile, amend, and supplement the district-level annual land use planning and plan.

- Investment projects involving reclamation activities that have received approval to implement the reclamation project from the competent state agency prior to the effective date of this Decree will have the reclaimed sea area incorporated into the total area of the administrative division; upon completion of reclamation, the area of the land types will be added to the land use targets based on the land use purposes stated in the approved reclamation project, incorporated into provincial and district-level land use plans.

- When formulating and approving detailed construction plans of reclamation investment projects or investment projects with reclamation elements, land must be allocated and reserved for the construction of public infrastructure, including pathways to the sea as required by the provincial-level People's Committee to ensure public access to the sea.

The provincial-level People's Committee, based on legal provisions on construction planning and local conditions, shall specifically decide on the public infrastructure land reserve in each reclamation investment project or investment project with reclamation elements.

More details can be found in Decree 42/2024/ND-CP which takes effect from April 16, 2024.

Ho Quoc Tuan

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